[(1) This section applies where—
(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
(b) the police officer in charge of investigating the offence determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(2) A police officer must give the person notice in writing that the person
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